According to Article 88 Para. 2 of the Constitution of the Republic of Montenegro, hereby I pass

DECREE

ON THE PROMULGATION OF THE

MONTENEGRIN CITIZENSHIP LAW

The Montenegrin Citizenship Law having been adopted by the Assembly of the Republic of Montenegro at its first meeting of the second regular session in 1999 held on October 26, 27 and 28, 1999, is hereby promulgated.

No. 01-1982/2

Podgorica, November 1, 1999

President of the Republic of Montenegro

Milo Djukanovic, signed personally

MONTENEGRIN CITIZENSHIP LAW

I. BASIC PROVISIONS

Article 1

Citizens of the Republic of Montenegro have Montenegrin citizenship.

Citizenship of the Republic of Montenegro shall be acquired and ceased under the terms provided by this Law.

II. ACQUISITION OF MONTENEGRIN CITIZENSHIP

Article 2

Montenegrin citizenship shall be acquired:

1. By descent,

2. By birth in the Republic of Montenegro,

3. By registration

4. By virtue of international agreements.

1. Acquisition of a citizenship by descent

Article 3

Montenegrin citizenship by descent shall be acquired by:

1. A child whose, at his birth, both parents were citizens of the Republic of Montenegro;

2. A child born in the Republic of Montenegro whose, at his birth, one of his parents was a citizen of the Republic of Montenegro.

3. A child born in another constituent Republic or other state whose, at his birth, one of his parents was a citizen of the Republic of Montenegro, if the parents have agreed for a child to be a citizen of the Republic of Montenegro.

4. A child whose, at his birth, one parent was a citizen of the Republic of Montenegro and the other one was unknown or of unknown citizenship or stateless, if a child was born in the Republic of Montenegro or in another constituent Republic or other state and not have acquired citizenship of that Republic.

5. A child born abroad whose, at his birth, one parent was a citizen of the Republic of Montenegro and the other one was unknown or of unknown citizenship or stateless.

Article 4

A child born abroad whose, at his birth, one parent was a citizen of the Republic of Montenegro and the other one was a citizen of another constituent Republic or other state, shall acquire Montenegrin citizenship by descent if have been agreed by both parents.

In case under Para. 1 of this Article, that parents have not agreed, a child shall acquire Montenegrin citizenship if have been registered into the Registry of Births kept for the Republic of Montenegro, respectively if one parent of Montenegrin citizenship has registered a child as a Yugoslav citizen in the competent diplomatic or consular office of the Federal Republic of Yugoslavia and requested a registration of a child into the Yugoslav Citizenship Registry.

Article 5

Montenegrin citizenship by descent shall be acquired by a child born abroad whose, at his birth, one parent was a citizen of the Republic of Montenegro and the other one had foreign citizenship, if until attained the age of 18 has been registered as a Yugoslav citizen in the competent diplomatic or consular office of the Federal Republic of Yugoslavia and if applied for registration into the Montenegrin Citizenship Registry.

If a child is of the age over 14 years, according to Para. 1 of this Article, his consent shall be required to acquire a Montenegrin citizenship.

Article 6

Under Article 5 Para 1 of this Law, Montenegrin citizenship shall be acquired by a person of the age over 18 if, until attained the age of 23, have applied for registration into the Yugoslav Citizenship Registry or Montenegrin Citizenship Registry.

Article 7

Under Articles 3 to 6 of this Law, Montenegrin citizenship shall be acquired by an adoptee-foreigner in case of complete adoption.

2. Acquisition of a citizenship by birth in the Republic of Montenegro

Article 8

A child born or found in the Republic of Montenegro shall acquire a citizenship of the Republic of Montenegro by birth if both parents are unknown, of unknown citizenship or stateless.

A child under Para. 1 of this Article shall cease to be a citizen of the Republic of Montenegro if, until attained the age of 18 years, it is established that his both parents are citizens of another constituent Republic or citizens of other state.

A child under Para. 2 of this Article shall cease to be a citizen of the Republic of Montenegro at the request of both parents by a day on which the final decision is sent and if a child is of the age over 14 years, his consent shall be required.

3. Acquisition of a citizenship of the Republic of Montenegro by registration

Article 9

A citizen of another constituent Republic or other state shall acquire a citizenship of the Republic of Montenegro if have attained the age of 18 years and residing in the Republic of Montenegro not earlier than 10 years prior to applying for citizenship.

A citizen of another constituent Republic or other state entered into marriage with a citizen of the Republic of Montenegro shall acquire a citizenship of the Republic of Montenegro, at his request, if residing in the Republic of Montenegro not less than five years continuously prior to applying for citizenship though requirements under Para. 1 of this Article, have not been fulfilled.

Article 10

If both parents acquired a citizenship of the Republic of Montenegro by registration, or only one parent acquired a citizenship of the Republic of Montenegro by registration and the other one had acquired that citizenship formerly, their child not have attained the age of 18 years, shall also acquire a citizenship of the Republic of Montenegro.

If only one parent acquired a citizenship of the Republic of Montenegro and the other not having this citizenship, their child not have attained the age 18 years, shall also acquire a citizenship of the Republic of Montenegro at the request of his parent having this citizenship and with a consent of the other one.

If a child is of the age over 14 years, according to Paras. 1 and 2 of this Article, his consent shall be required to acquire a citizenship.

Article 11

In case of incomplete adoption, an adoptee not have attained the age of 18 and being a citizen of another constituent Republic or other state, may acquire a citizenship of the Republic of Montenegro, at the request of an adopter who is a citizen of the Republic of Montenegro and if a child is residing in the Republic of Montenegro with an adopter.

If a child is of the age over 14 years, according to Para. 1 of this Article, his consent shall be required to acquire a citizenship.

4. Acquisition of citizenship of the Republic of Montenegro by virtue of international agreements

Article 12

Montenegrin citizenship may be acquired if, in accordance with a verified international agreement, a Yugoslav citizenship has been acquired on a basis of reciprocity.

III. CESSATION OF A CITIZENSHIP OF THE REPUBLIC OF MONTENEGRO

Article 13

A citizenship of the Republic of Montenegro shall cease:

1. By surrender;

2. By renunciation;

3. By acquisition of a citizenship of another constituent Republic or other state;

5. By virtue of international agreements.

1. Cessation of a Montenegrin citizenship by surrender

Article 14

A citizenship of the Republic of Montenegro shall cease by surrender to a person if have fulfilled all requirements for surrender of a citizenship of the Federal Republic of Yugoslavia prescribed by Federal Law.

2. Cessation of a Montenegrin citizenship by renunciation

Article 15

A citizen of the Republic of Montenegro permanently residing abroad may renounce a citizenship of the Republic of Montenegro if have fulfilled all requirements for renunciation of a citizenship of the Federal Republic of Yugoslavia prescribed by Federal Law.

3. Cessation of a Montenegrin citizenship for purpose of acquiring another citizenship

Article 16

A citizen of the Republic of Montenegro shall cease to be a citizen of the Republic of Montenegro if have acquired a citizenship of another constituent Republic or other state.

Article 17

If, according to Article 16 of this Law, both parents ceased to be citizens of the Republic of Montenegro, or only one while the other one is not a citizen of the Republic of Montenegro, their child not have attained the age of 18 years, shall also cease to be a citizen of the Republic of Montenegro.

If one parent ceased to be a citizen of the Republic of Montenegro and the other is a citizen of the Republic of Montenegro, their child not have attained the age of 18 years, shall also cease to be a citizen of the Republic of Montenegro, at the request of a parent whom this citizenship is to be ceased, and with a consent of the other parent.

If a child is of the age over 14 years, his consent shall be required to cease a citizenship according to Paras. 1 and 2 of this Article.

IV. PROCEDURE FOR ACQUISITION OR CESSATION OF A MONTENEGRIN CITIZENSHIP

Article 19

A Ministry in charge of internal affairs shall decide upon application for acquisition or cessation of a Montenegrin citizenship.

Article 20

If a procedure for acquisition or cessation of a Montenegrin citizenship, instituted by a party, can not be resumed or ended without undertaking certain actions by an applicant, an application shall be deemed withdrawn if, though have been notified by a Ministry in charge of internal affairs, an applicant has not performed an action required for resumption or ending of a procedure within the period fixed or if, due to not have undertaken this action, may be considered as not interested in resumption of a procedure.

According to Para. 1 of this Article, a procedure may not be suspended prior to expiration of three months from a day of notification.

Article 21

A Decision on acquisition of a Montenegrin citizenship or surrender of a Montenegrin citizenship shall be delivered in accordance with regulations of compulsory personal delivery.

A day, when an applicant has received a decision, shall be deemed as a day of acquisition of Montenegrin citizenship by registration or a day of surrender of a Montenegrin citizenship.

A Decision on acquisition of a Montenegrin citizenship or cessation of a Montenegrin citizenship shall be published in the "Official Gazette of the Republic of Montenegro".

V. TRANSITIONAL AND FINAL PROVISIONS

Article 22

A person having this citizenship on a day of coming into force of this Law shall be deemed a citizen of the Republic of Montenegro.

Article 23

A Ministry in charge of internal affairs shall ascertain citizenship of persons not have been entered into the citizenship registry of the Republic of Montenegro kept according to current regulations, or citizens of the Republic of Montenegro have been entered into the citizenship registry of the former republics of SFRY and constituent republics of the Federal Republic of Yugoslavia, at their request in writing.

Registration of a citizenship under Para. 1 of this Article shall be entered into the outgoing citizenship registry.

Article 24

A Ministry in charge of internal affairs and a Ministry in charge of administration shall pass the regulations on keeping records and on acquisition and cessation of a Montenegrin citizenship, closing and safeguarding records on citizenship have been kept by current regulations, within 90 days of a day of coming into force of this Law.

Article 25

Citizenship Law of the Socialist Republic of Montenegro ("Official Gazette of SRMN" No. 26/75) shall cease to be in effect by a day of coming into force of this Law.

Article 26

This Law shall come into force on the eighth day of the day of its publishing in the "Official Gazette of the Republic of Montenegro".